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Mr. Steve Nguyen May 2, 2005 Page 2 2. A well permit was obtained for the current use and exposed pond surface area of the gravel pit pond, permit no. 50425-F in accordance with §37-90-137(2) and (11), C.R.S. 3. The total surface area of the groundwater exposed atthe Geisert Pit after December 31,1980 must not exceed 38.9 acres resulting in a maximum annual evaporative loss of 113.8 acre-feet. 4. The annual total product mined at the Geisert Pit shall not exceed 150,000 tons peryear resulting in 4.4 acre-feet of water lost with the mined aggregate and 2 acre-feet of water lost due fo dust suppression. 5. Total consumption at the Geisert Pit must not exceed 120.2 acre-feet per year, unless an amendment is made to this plan. 5. Approval of this plan is for the purposes as stated herein. Any additional uses forwhich the water may be used must first be approved by this office. 6. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the county clerk and recorder. All replacementwater must be concurrentwith depletions in quantity, timing and locations. 7. The name, address and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided with the accounting form to the division engineer and water commissioner. 8. Adequate accounting of depletions and replacement must be provided to the division engineerand the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form is subject to modification and approval by the division engineer. All amounts shall be in acre- feet. 9. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 10. This substitute water supply plan maybe revoked or modified at any time should it be detennined that injury to other vested water rights has or will occur as a result 6f this plan. 11. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval by this office of any such court application(s). 12. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and Regulations adopted on February 4,1992, the State Engineer shall determine whetherthe substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 13. Should this plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water must cease immediately.